For New York couples who have ended their marriage, child custody and visitation will be one of the most pressing issues they will face. To add to the concern is if there are others such as grandparents who also believe they should have visitation rights. Understanding how visitation is determined and what factors are important is imperative before the case. The first step to this is understanding how the law assesses these matters.
When there is a child custody dispute in New York, nothing is more important than the child's safety. This is part of ensuring that the best interests of the child are adhered to. When there is a concern that the child is in danger, a parent can seek a warrant for physical custody. This is also possible if there is a risk of the child being removed from the state. When assessing whether this is necessary and possible, knowing the law is key.
One of the most contentious issues when a couple in New York ends a relationship is who will have custody of the children. Before anything else it is critical to know the basics of child custody and that includes the two different possibilities. There are two areas of custody that should be understood: legal custody and physical custody. When trying to determine where the child will live and what the agreement will say, knowing the difference between the two is crucial.
When parents in New York have decided to part ways as a couple, there are frequently concerns as to how child custody and visitation rights will be allocated. While many factors go into the decision, one of the most important will be the "best interests of the child." This is a key consideration and the factors that enter into it should be understood as the case moves forward.
No two families are the same so, as a result, life post-divorce or separation can look vastly different from family to family. For parents in New York and elsewhere, this is likely a challenging and emotional time. This is often why child custody disputes arise. However, when parents can work through the conflicts and focus just on the child or children, it is possible to develop the best working arrangement for their situation.
Becoming a grandparent can be an exciting time in a person's life. Whether it is your first grandchild or fifth, you likely want to remain present in your grandchild's life. Unfortunately, events in life can strain a grandparent-grandchild relationship. Divorce can create distance between a parent and their in-laws. This could even result in major disputes arising. Such a situation could cause a grandparent to lose time with a grandchild, especially when a custodial parent believes that it is best for his or her child to no longer spend time with this grandparent.
Parents in New York and other states just want what is best for their children. While this seems like an easy task to accomplish, it sometimes means taking huge risks and making major sacrifices. Going through a divorce is anything but pleasant; however, it can be necessary to provide the proper environment for a child. While this might be the end goal, certain factors can come into play when determining the best interests of a child.
Parents in New York and elsewhere work tirelessly to meet the needs of their children. This means providing and adequate and safe environment, ensuring that everything they require is provided to them. This is often easier when two parents are providing this care. But because divorce is a likely occurrence in society today, one custodial parent is often caring for their child. In this custody situation, this does not mean the non-custodial parent is not available to provide and be there for their child. Parenting time is also sought through a visitation petition.
Maintaining physical and legal custody of one's child after a divorce can be a huge win for a parent who wants nothing more than to continue to support their child's development. However, in many cases a New York parent will be asked to share physical and legal custody of their child with the child's other parent. While in some cases joint or shared custodial arrangements work well and serve the children's best interests, in other cases these plans can backfire and lead to situations where parents interfere with each other's custodial and visitation rights.
Family law courts in New York can set forth a variety of different custody plans that suit the varying needs of the different children who come through their chambers. In some cases, it may be appropriate to grant one parent the sole physical and legal custody of a child, while in others it may be appropriate to allow the parents to share both important forms of caring for their children. To this end decisions regarding physical custody must be based on the needs of the particular kids who will be subject to the orders' mandates.